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HomeMy WebLinkAbout0577 c~tion Inc.. the condominium association for La Sagra Condominium~ to ' Asso ~ provide sewerage treatment and disposal~ conforming to the standards of ~+11 governmental authorities having jurisdiction and with a capacity sufficient to meet the reasonable requirementa of La Sagra Condominium. Mortgag~r represcnts and~ warrants to Mortgagee that such facility and services shall be available for hook-up by La Sagra Condominium when required by the Candominium and such sewerage treatment and disposal facilities shall be adequate to serve the re:.sonable requirements of said Condominium. Mortgagor hereby represents an x warrants that failure to cause such facilities to become operational within the times required and with suitable capacity to serve the Condominium shall co lsabove a default here- under and a default in the Mortgage described in Paragraph 2 23. Provided this Mortgage and the Note secured hereby is in good standing and not in default, ~e ousr~a cels f t eV subj ct prope ty upon repayment the lien of this Mortgage contig p to Lender of the highe~r of : (a) ~20.000. 00 per acre or; . ~ (b) 140% of the prorated loan amount, said prorated loan amount shall be determined at time of closing froRn the Bank's appraisal-report. The relative . value of land fronting on State Road AIA and the Bay compa.red to the interior acreage shall b~ used to set the released price of the parcel sought to be released, An agreement setting forth the appropriate release prices was executed at closing by Borrower and Lender. 24. All contracts entered into bY Mositsagmade r ursuantetheret Pw ilion of the Premises, together with any and all dep P be assigned to Mortgagee asreated erAll depos ts on such c nt acts w 11 be placed interest in them is hereby c , in an escrow account with a ba.nk and hich Morta See's consent w 11 bearequp edved by Mortgagee and Mortgagor and on w g g for withdrawal.. . ' 25. Mortgagor shall furnish to Mortgagee, within ninety (90) days of the end of each fiscal year, a balance sheet togethe such other~oiterating state- statement. including reconcilement of surplus, and P ments indicating the source of iricome and the expenditures of all expense items during the operating year together with current financial statements for Guarantors, all as Mortgagee may require, certified by independent public accountants, satisfactory to Mortgagee. • 26. riortgagee, at its option, may pay any claim, lien, encumbrance, tax, assessrient or premium, with right of subroga- tion thereunder, now or hereafter affecting the mortgage property or any portion thereof and merge or consolidate the effect of such prior item with the lien hereun~er. 27. Nothing herein contained, nor~any transaction 'related thereto, shall be construed or so oaerate as to require the Mortgagor, or any person liable for repayment of the loan secured bereby, to pay interest at a greater rate than firteen (15$) percent per annum or to ~ake any payment, or to do any act - contrary to law. Should any interest or other charges paid by the Mortgagor, or parties liable for the payment of said Note, in connection with the loan evidenced by said Note or this Mort- gage securing the payment of said Note, or any other document delivered in ~onnection with said loan, result in the comnuta- tion or earning of interest in excess of the fifteen percent (15$) $~~2~5 ~ 5~6 . Ml118HON. fAWY[R. JOHNSTON. DUNWODY ! COLE. tS00 F1118T NATIONAL BANK BUILDING. MIAMI, rLOR10A »1~1 ~ 5;~~ ; ,e ~ ~.z~3 w • .n. ~'s x ~ t .'A~ ~ 5 ~ ~ ~ i d 4..e'v'~a _ r. . _y., . _ .